```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5150 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5150

 To require the Federal Trade Commission, with the concurrence of the 
   Secretary of Health and Human Services acting through the Surgeon 
  General, to implement a mental health warning label on social media 
                   platforms, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2024

  Mrs. Britt (for herself and Mr. Fetterman) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To require the Federal Trade Commission, with the concurrence of the 
   Secretary of Health and Human Services acting through the Surgeon 
  General, to implement a mental health warning label on social media 
                   platforms, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop the Scroll Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Social media platform use is associated with risks to 
        the physical and mental health of users, including exposure to 
        bullying, online harassment and abuse, discrimination, and 
        child sexual exploitation.
            (2) Product warning labels can increase awareness of 
        negative impacts and can change behavior.
            (3) Extended use of social media, which addictive 
        algorithms encourage, contributes to negative health impacts 
        caused by social medial platforms.
            (4) The Federal Government has a compelling interest in 
        ensuring that users of a social media platform can make 
        informed decisions about the amount of time the user spends on 
        the social media platform, which requires an understanding of 
        the mental health risks involved with using a social media 
        platform.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (3) Social media platform.--The term ``social media 
        platform'' has the meaning given such term in section 124 of 
        the Trafficking Victims Prevention and Protection 
        Reauthorization Act of 2022 (42 U.S.C. 1862w).
            (4) User.--The term ``user'' means, with respect to a 
        social media platform, a person who registers an account with, 
        creates a profile on, or otherwise accesses the social media 
        platform.

SEC. 4. WARNING LABEL.

    (a) In General.--A social media platform shall ensure that a mental 
health warning label (referred to in this section as a ``covered 
label'') that complies with the requirements under this section, 
including the regulations promulgated under subsection (d)--
            (1) appears each time a user accesses the social media 
        platform from a server located in the United States; and
            (2) only disappears when the user--
                    (A) exits the social media platform; or
                    (B) acknowledges the potential for harm and chooses 
                to proceed to the social media platform despite the 
                risk.
    (b) Content of Covered Label.--A covered label shall--
            (1) warn the user of potential negative mental health 
        impacts of accessing the social media platform; and
            (2) provide the user access to resources to address the 
        potential negative mental health impacts described in paragraph 
        (1), including the website and telephone number of a national 
        suicide prevention and mental health crisis hotline system, 
        such as the 988 Suicide and Crisis Lifeline.
    (c) Restrictions on Form.--A social media platform may not--
            (1) include a covered label exclusively in the terms and 
        conditions of the social media platform;
            (2) include extraneous information in a covered label that 
        obscures the visibility or prominence of the covered label; or
            (3) allow a user to disable a covered label, except as 
        provided in subsection (a).
    (d) Implementation.--Not later than 180 days after the date of 
enactment of this Act, the Commission, with the concurrence of the 
Secretary acting through the Surgeon General, shall promulgate 
regulations containing appropriate requirements for a covered label.
    (e) Review.--Not later than 3 years after the date on which the 
Commission promulgates the regulations required by subsection (d), and 
not less frequently than once every 3 years thereafter, the Commission, 
with the concurrence of the Secretary acting through the Surgeon 
General, shall review and revise such regulations as appropriate.

SEC. 5. ENFORCEMENT.

    (a) Enforcement by the Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this Act or a regulation promulgated under this Act by a social 
        media platform shall be treated as a violation of a rule 
        defining an unfair or deceptive act or practice prescribed 
        under section 18(a)(1)(B) of the Federal Trade Commission Act 
        (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Commission shall enforce this Act in the same 
                manner, by the same means, and with the same 
                jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this Act.
                    (B) Privileges and immunities.--Except as provided 
                in subparagraph (C), any person who violates this Act 
                shall be subject to the penalties and entitled to the 
                privileges and immunities provided in the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.).
                    (C) Nonprofit organizations and common carriers.--
                Notwithstanding section 4 or 5(a)(2) of the Federal 
                Trade Commission Act (15 U.S.C. 44, 45(a)(2)) or any 
                jurisdictional limitation of the Commission, the 
                Commission shall also enforce this Act, in the same 
                manner provided in subparagraphs (A) and (B) of this 
                paragraph, with respect to--
                            (i) organizations not organized to carry on 
                        business for their own profit or that of their 
                        members; and
                            (ii) common carriers subject to the 
                        Communications Act of 1934 (47 U.S.C. 151 et 
                        seq.).
                    (D) Authority preserved.--Nothing in this Act shall 
                be construed to limit the authority of the Commission 
                under any other provision of law.
                    (E) Rulemaking.--The Commission, with the 
                concurrence of the Secretary acting through the Surgeon 
                General, shall promulgate in accordance with section 
                553 of title 5, United States Code, such rules as may 
                be necessary to carry out this Act.
    (b) Enforcement by States.--
            (1) Authorization.--Subject to paragraph (3), in any case 
        in which the attorney general of a State has reason to believe 
        that an interest of the residents of the State has been or is 
        threatened or adversely affected by the engagement of a social 
        media platform in a practice that violates this Act, the 
        attorney general of the State may, as parens patriae, bring a 
        civil action against the social media platform on behalf of the 
        residents of the State in an appropriate district court of the 
        United States to obtain appropriate relief, including civil 
        penalties in the amount determined under paragraph (2).
            (2) Civil penalties.--A social media platform that is 
        found, in an action brought under paragraph (1), to have 
        knowingly or repeatedly violated this Act shall, in addition to 
        any other penalty otherwise applicable to a violation of this 
        Act, be liable for a civil penalty equal to the amount 
        calculated by multiplying--
                    (A) the greater of--
                            (i) the number of days during which the 
                        social media platform was not in compliance 
                        with this Act; or
                            (ii) the number of end users for whom the 
                        covered label was not displayed as a result of 
                        the violation; by
                    (B) an amount not to exceed the maximum civil 
                penalty for which a person, partnership, or corporation 
                may be liable under section 5(m)(1)(A) of the Federal 
                Trade Commission Act (15 U.S.C. 45(m)(1)(A)) (including 
                any adjustments for inflation).
            (3) Rights of the commission.--
                    (A) Notice to the commission.--
                            (i) In general.--Except as provided in 
                        clause (iii), the attorney general of a State 
                        shall notify the Commission in writing that the 
                        attorney general intends to bring a civil 
                        action under paragraph (1) before initiating 
                        the civil action.
                            (ii) Contents.--The notification required 
                        under clause (i) with respect to a civil action 
                        shall include a copy of the complaint to be 
                        filed to initiate the civil action.
                            (iii) Exception.--If it is not feasible for 
                        the attorney general of a State to provide the 
                        notification required under clause (i) before 
                        initiating a civil action under paragraph (1), 
                        the attorney general shall notify the 
                        Commission immediately upon instituting the 
                        civil action.
                    (B) Intervention by the commission.--The Commission 
                may--
                            (i) intervene in any civil action brought 
                        by the attorney general of a State under 
                        paragraph (1); and
                            (ii) upon intervening--
                                    (I) be heard on all matters arising 
                                in the civil action; and
                                    (II) file petitions for appeal of a 
                                decision in the civil action.
            (4) Investigatory powers.--Nothing in this subsection may 
        be construed to prevent the attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of the State to--
                    (A) conduct investigations;
                    (B) administer oaths or affirmations; or
                    (C) compel the attendance of witnesses or the 
                production of documentary or other evidence.
            (5) Preemptive action by the commission.--If the Commission 
        institutes a civil action or an administrative action with 
        respect to a violation of this Act, the attorney general of a 
        State may not, during the pendency of such action, bring a 
        civil action under paragraph (1) against any defendant named in 
        the complaint of the Commission based on the same set of facts 
        giving rise to the alleged violation with respect to which the 
        Commission instituted the action.
            (6) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in--
                            (i) the district court of the United States 
                        that meets applicable requirements relating to 
                        venue under section 1391 of title 28, United 
                        States Code; or
                            (ii) another court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1), process may be served in any district in 
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
            (7) Actions by other state officials.--
                    (A) In general.--In addition to a civil action 
                brought by an attorney general under paragraph (1), any 
                other consumer protection officer of a State who is 
                authorized by the State to do so may bring a civil 
                action under paragraph (1), subject to the same 
                requirements and limitations that apply under this 
                subsection to a civil action brought by an attorney 
                general.
                    (B) Savings provision.--Nothing in this subsection 
                may be construed to prohibit an authorized official of 
                a State from initiating or continuing any proceeding in 
                a court of the State for a violation of any civil or 
                criminal law of the State.
    (c) Extraterritorial Jurisdiction.--There is extraterritorial 
jurisdiction over any violation of this Act if such violation involves 
an individual in the United States or if any act in furtherance of the 
violation was committed in the United States.

SEC. 6. EFFECTIVE DATE.

     This Act shall take effect on the date that is 1 year after the 
date of enactment of this Act.
                                 <all>
```